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(영문) 청주지방법원 충주지원 2013.05.03 2013고단136
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:05 on December 21, 2012, the Defendant driven a Bwork-free car at a distance of about 700 meters from the front of the lower parking lot located in the Geum-gun of Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Geum-do to the front of the road located in the same Eup/Myeon living together, while under the influence of alcohol by 0.130% of the blood alcohol content.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing

On December 21, 2012, the Defendant driven the above vehicle while under the influence of alcohol 0.130% of the blood alcohol concentration around 20:05, and led the Defendant to drive the said vehicle at a speed of about 60km from the gold king to the extreme direction.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, under the influence of alcohol, the Defendant was unable to give the frontway properly, and the Defendant was negligent in driving the center line in a state where he could not operate the steering direction and brakes properly, and by neglecting the center line, and received the left side part of the DPoter vehicle driven by the victim C(the age of 67) who was driving in the opposite direction as the top part of the left-hand part of the Defendant driving vehicle.

Ultimately, the Defendant driven a vehicle in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury, such as light fluoral salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Statement on the state of drinking drivers, and report on the observation of drinking drivers;

1. Reports on the occurrence of a traffic accident and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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